QR&Os: Volume I - Chapter 25 Service Estates And Personal Belongings

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Amendment List:

  • 15 June 2012 - amended paragraph: 25.20(4)
  • 15 June 2012 - replaced paragraph: 25.20(5)

History:

Section 1 - Service Estates

25.01 - GENERAL

(1) Section 42 of the National Defence Act provides:

"42. (1) The service estates of officers and non-commissioned members who die during their service in the Canadian Forces may be collected, administered and distributed in whole or in part as prescribed in regulations made by the Governor in Council.

(2) For the purposes of this section, but subject to any exceptions prescribed in regulations made by the Governor in Council, "service estate" means the following parts of the estate of a deceased officer or non-commissioned member mentioned in subsection (1):

  1. service pay and allowances;
  2. all other emoluments emanating from Her Majesty that, at the date of death, are due or otherwise payable;
  3. personal equipment that the deceased person is, under regulations, permitted to retain;
  4. personal or moveable property, including cash, found on the deceased person or on a defence establishment or otherwise in the care or custody of the Canadian Forces; and
  5. in the case of an officer or non-commissioned member dying outside Canada, all other personal or movable property belonging to the deceased and situated outside Canada."

(2) "Service estate" does not include any personal equipment or personal or movable property found in family housing or otherwise under the care, custody or control of the next of kin of the deceased officer or non-commissioned member.

(G) [P.C. 2001-1508 effective 1 September 2001 – (2)]

25.015 - APPLICATION AND DEFINITIONS

(1) This chapter applies in respect of a member of:

  1. the Regular Force;
  2. the Special Force; and
  3. the Reserve Force where the member is on Class "B" or "C" Reserve Service.

(2) For the purpose of this chapter:

"net assets" (actif net)
means the assets of a service estate remaining after payment of any preferential charges prescribed in article 25.03 (Preferential Charges Against a Service Estate); and
"service estate" (succession militaire)
has the meaning prescribed in subsection 42(2) of the National Defence Act (see article 25.01 - General).

(G)

25.02 - DIRECTOR OF ESTATES

(1) The Minister shall appoint an officer of the Canadian Forces to be Director of Estates.

(2) The Director of Estates shall be directly responsible to the Minister.

(3) The Director of Estates shall, in the exercise of his powers, duties and functions under these regulations, to the exclusion of all other authorities and persons, have the same rights and powers in respect of a service estate as if he had been appointed an executor or administrator of that estate by a court of competent jurisdiction.

(G)

25.03 - PREFERENTIAL CHARGES AGAINST A SERVICE ESTATE

(1) Preferential charges against a service estate are:

  1. sums due for quarters;
  2. unpaid non-public property accounts;
  3. sums due for materiel; and
  4. a debit balance in the pay account.

(2) The Director of Estates shall pay the charges prescribed in paragraph (1) in the order shown and in preference to all other claims.

(3) The decision of the Minister is final and binding when any question arises in relation to the payment or disposition of any preferential charge.

(G)

25.04 - ADMINISTRATION OF SERVICE ESTATES

(1) Subject to paragraph (2), the Director of Estates shall administer service estates and:

  1. where an executor or administrator has been appointed by a court of competent jurisdiction, the Director of Estates shall cause to be delivered over to that executor or administrator, the net assets of the service estate in his possession;
  2. where no executor or administrator has been appointed by a court of competent jurisdiction, the Director of Estates shall, subject to any order made by a court of competent jurisdiction, cause to be distributed the net assets of the service estate in accordance with the will of the deceased officer or non-commissioned member or, if the member died intestate, in accordance with the law of intestate succession of the member's domicile, subject to article 25.045 (Distribution of Orders, Decorations and Medals) and in either case without regard to any debts of or claims against the estate except
    1. those preferential charges prescribed in paragraph (1) of article 25.03 (Preferential Charges Against a Service Estate), and
    2. any debts incurred in the country, other than Canada, in which the deceased officer or non-commissioned member died and owing to a person not a member of the Canadian Forces where, under the law of the country or under an international agreement, disposal of personal or movable property situated in the country and forming part of the service estate of the member cannot be effected until the debts are settled; and
      (1 September 1999)
  3. where under subparagraph (b), no distribution or only partial distribution of any service estate can be made, the Director of Estates shall convert the net assets, or the balance of the net assets, into cash and pay it to the Receiver General of Canada, to be deposited by him in a special trust account or accounts as designated by the Comptroller of the Treasury pending final distribution to the person or persons entitled.

(2) The Minister may prescribe the procedure to be adopted and issue such directions as may be necessary for the administration of service estates and to give effect to this article.

(G) (P.C. 1999-1305 of 8 July 1999 effective 1 September 1999)

25.045 - DISTRIBUTION OF ORDERS, DECORATIONS AND MEDALS

When an officer or non-commissioned member dies intestate, the Director of Estates may, without regard to the law of intestate succession of the domicile of the deceased member, distribute any order, decoration or medal to the person that the Director of Estates thinks is best qualified to receive it, but normally in the following order of preference:

  1. spouse or common-law partner;
  2. eldest surviving child;
  3. father and mother; or
  4. eldest surviving sibling.

(G) (P. C. 2001-1508 of 28 August 2001 effective 1 September 2001)

25.05 - INFANT ENTITLED TO A SERVICE ESTATE

Where an infant is entitled to all or part of a service estate, the Director of Estates may, for the infant's maintenance, welfare or education, authorize payment, out of the money payable to the infant, of a sum not exceeding $300 in any year to the infant's parent, guardian or person in loco parentis or to a children's welfare or protection society recognized by the laws of a province.

(G)

25.06 - RIGHT OF CLAIM AGAINST SERVICE ESTATES

No person has any claim against a service estate.

(G)

25.07 - COMPLIANCE WITH REGULATIONS

Compliance with the regulations respecting the administration of service estates discharges the Minister, the Director of Estates or any other person complying therewith from all liability by reason of any assets in his hands having been paid, transmitted or retransmitted or otherwise dealt with in accordance therewith.

(G)

25.08 - COMMITTEE OF ADJUSTMENT TO DEAL WITH A SERVICE ESTATE

(1) Where an officer or non-commissioned member dies, the commanding officer shall appoint a committee of adjustment to deal with the service estate.

(2) A committee of adjustment appointed under paragraph (1) shall:

  1. be constituted and proceed as prescribed by the Chief of the Defence Staff;
  2. collect, prepare an inventory of and safeguard the service estate;
  3. forward a copy of its minutes directly to the Director of Estates; and
  4. dispose of the service estate as directed by the Director of Estates.

(G)

(25.09 TO 25.15 INCLUSIVE: NOT ALLOCATED)


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Section 2 - Disposal of Personal Belongings

25.16 - COMMITTEE OF ADJUSTMENT TO DEAL WITH PERSONAL BELONGINGS

(1) For the purposes of this section, "personal belongings" means:

  1. personal equipment that an officer or non-commissioned member is, under regulations, permitted to retain on release; and
  2. personal or movable property, including cash found in quarters or in the care or custody of the Canadian Forces.

(2) Where an officer or non-commissioned member is missing or is released with an unsound mind, the commanding officer shall appoint a committee of adjustment to deal with the member's personal belongings that are not in the care or custody of his next of kin.

(M) [1 September 1999 – (1)]

25.17 - PERSONAL BELONGINGS OF A MISSING OFFICER OR NON-COMMISSIONED MEMBER

A committee of adjustment appointed under article 25.16 (Committee of Adjustment to Deal With Personal Belongings) to deal with the personal belongings of an officer or non-commissioned member who is missing shall:

  1. be constituted and proceed as prescribed, by the Chief of the Defence Staff;
  2. collect, prepare an inventory of and safeguard the personal belongings not in the care or custody of the next of kin;
  3. forward a copy of its minutes directly to the Director of Estates; and
  4. dispose of the personal belongings mentioned in subparagraph (b) as directed by the Director of Estates. (See article 18.09 - Disposal of Honours.)

(M)

25.18 - PERSONAL BELONGINGS OF AN OFFICER OR NON-COMMISSIONED MEMBER RELEASED WITH AN UNSOUND MIND

A committee of adjustment appointed under article 25.16 (Committee of Adjustment to Deal With Personal Belongings) to deal with the personal belongings of an officer or non-commissioned member released with an unsound mind shall:

  1. be constituted and proceed as prescribed by the Chief of the Defence Staff,
  2. collect, prepare an inventory of and safeguard the personal belongings not in the care or custody of the next of kin;
  3. forward a copy of its minutes to National Defence Headquarters; and
  4. forward the personal belongings mentioned in subparagraph (b) to the Department of Veterans Affairs. (See article 18.09 - Disposal of Honours.)

(M)

25.19 - OFFICER OR NON-COMMISSIONED MEMBER COMMITTED TO IMPRISONMENT OR DETENTION

(1) Where an officer or non-commissioned member is sentenced to imprisonment or detention on the expiration of which sentence he will not be returned to his unit, he shall be informed by his commanding officer that the Canadian Forces are not responsible for the custody of his personal belongings.

(2) The commanding officer shall require the member to make private arrangements for the custody or disposal of his personal belongings that are not sent with him to prison or detention barracks.

(M)

25.20 - ABSENTEES AND DESERTERS

(1) Section 44 of the National Defence Act provides:

"44. The personal belongings and decorations of an officer or non-commissioned member who is absent without leave that are found in camp, quarters or otherwise in the care or custody of the Canadian Forces vest in Her Majesty and shall be disposed of in accordance with regulations made by the Governor in Council."

(2) The commanding officer shall ensure that the personal belongings, not in the care or custody of the next of kin, that are left behind at a base, unit or element by an officer or non-commissioned member who is absent without leave are placed in safe custody and an inventory is taken.

(3) Where an officer or non-commissioned member absent without leave surrenders or is apprehended within one year from the date of commencement of his absence, his personal belongings shall be returned to him.

(4) Where an officer or non-commissioned member absent without leave has not surrendered or been apprehended within one year from the date of commencement of his absence, the personal belongings held in safe custody shall be forwarded to his primary next of kin.

(5) Where the primary next of kin referred to in paragraph (4) refuses to accept the personal belongings, a direction shall be requested from National Defence Headquarters to sell, destroy or otherwise dispose of them. (See article l8.09 - Disposal of Honours.)

(G) [P.C. 2012-0767 effective 7 June 2012 – (4) and (5)]

25.21 - UNCLAIMED PERSONAL BELONGINGS

Personal belongings left unclaimed at any base, unit or element or in any vessel, vehicle or aircraft of the Canadian Forces shall be disposed of in accordance with orders issued by the Chief of the Defence Staff.

(G)

(25.22 TO 25.99 INCLUSIVE: NOT ALLOCATED)